Amended in Assembly April 15, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 595

Introduced by Assembly Member Alejo

(Principal coauthor: Assembly Member Dodd)

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(Coauthors: Assembly Members Dababneh and Cristina Garcia)

end insert begin insert

(Coauthor: Senator Bates)

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February 24, 2015

An act to amend begin delete Section 2555 of end delete begin insert Section 3077 of, to add Sections 3090.1 and 3109.1 to, to repeal Section 2556 of, and to repeal and add Sections 655 and 2555 of, end insert the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

AB 595, as amended, Alejo. Registered dispensing opticians: begin delete certificates. end delete begin insert optometrists: practices. end insert

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(1) The Optometry Practice Act provides for the licensure and regulation of the practice of optometry by the State Board of Optometry, and makes a violation of the act a crime. Existing law requires individuals, corporations, and firms engaged in the business of filling prescriptions of physicians and surgeons and optometrists for prescription lenses and kindred products to register with the Division of Licensing of the Medical Board of California as a registered dispensing optician, and makes a violation of the provisions governing registered dispensing opticians a crime.

end insert begin insert

(2) Existing law prohibits a licensed optometrist from having any membership, proprietary interest, coownership, landlord-tenant relationship, or any profit-sharing arrangement, in any form, whether directly or indirectly, with any person licensed as a registered dispensing optician, and prohibits a registered dispensing optician from having any membership, proprietary interest, coownership, landlord-tenant relationship, or any profit-sharing arrangement in any form directly or indirectly with a licensed optometrist. Existing law also prohibits a licensed optometrist from having any membership, proprietary interest, coownership, landlord-tenant relationship, or any profit-sharing arrangement in any form, directly or indirectly, either by stock ownership, interlocking directors, trusteeship, mortgage, trust deed, or otherwise with any person who is engaged in the manufacture, sale, or distribution to physicians and surgeons, optometrists, or dispensing opticians of lenses, frames, optical supplies, optometric appliances or devices or kindred products. Under existing law, a violation of the above provisions by a licensed optometrist and any person, whether or not licensed, who participates with a licensed optometrist in violating those provisions constitutes a misdemeanor.

end insert begin insert

This bill would delete those provisions. The bill instead would prohibit a licensed registered dispensing optician or a manufacturer or distributor of optical goods that is renting or leasing office space to or from, sharing office space with, or receiving space from an optometrist from engaging in conduct that would influence or interfere with the clinical decisions, as defined, of that optometrist, as specified. The bill would prohibit an optometrist that is using or sharing office space with a registered dispensing optician from giving or receiving, among other things, a fee or thing of material value, to or from any person in return for referral of patients or to secure patients. The bill would make a violation of these provisions punishable as a misdemeanor.

end insert begin insert

(3) Existing law permits a certificate of a registered dispensing optician to be suspended, revoked, or subjected to probation for violation of regulations or laws, as specified, or for incompetence, gross negligence, or repeated similar negligent acts by the registrant or an employee, as provided.

end insert begin insert

This bill would delete those provisions. The bill similarly would permit a certificate of a registered dispensing optician to be suspended, revoked, or subjected to probation for violation of regulations or laws, as specified, or for incompetence, gross negligence, or repeated negligent acts by the registrant or an employee, as provided, and additionally would permit the certificate to be suspended, revoked, or subjected to probation for unprofessional conduct, which includes repeated interference with the optometrist’s clinical judgment or compliance with prevailing clinical standards. The bill authorizes assessment of administrative fines for violation of specified provisions of law and requires registered dispensing opticians to cooperate with investigations into a complaint or alleged violation of law.

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(4) Under existing law, it is unlawful for a registered dispensing optician to advertise the furnishing of, or to furnish, the services of a refractionist, an optometrist, or a physician and surgeon; to directly or indirectly employ or maintain on or near the premises used for optical dispensing a refractionist, an optometrist, a physician and surgeon, or a practitioner of any other profession for the purpose of any examination or treatment of the eyes; or to duplicate or change lenses without a prescription or order from a person duly licensed to issue the same.

end insert begin insert

This bill would delete those prohibitions.

end insert begin insert

(5) The Optometry Practice Act prohibits a person from having an office for the practice of optometry unless he or she is licensed to practice optometry, and requires an optometrist that has more than one office to comply with certain provisions of the act, including, among others, that an optometrist obtain a branch office license for any additional office. The act prohibits more than one branch office license from being issued to an optometrist or any 2 or more optometrists, jointly. The act requires an optometrist that had a branch office prior to January 1, 1957, and who wants to continue that branch office on or after that date to notify the board, as specified.

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The bill would delete the prohibition of an optometrist or 2 or more optometrists, jointly, from having more than one branch office, and would delete the requirement that an optometrist that had a branch office prior to January 1, 1957, and who wants to continue that branch office to notify the board. The bill would prohibit a person from having any proprietary interest in an office for the practice of optometry unless he or she is licensed to practice optometry. The bill would specify that a branch office is any additional office that is not the principal place of business of an optometrist, as specified.

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(6) The Optometry Practice Act prohibits an optometrist from directly or indirectly accepting employment from any person not having a valid, unrevoked license as an optometrist, except that the act authorizes an optometrist to be employed by a physician and surgeon who practices in the specialty of ophthalmology or by a health care service plan.

end insert begin insert

This bill would require an optometrist to report to the State Board of Optometry any action or circumstance that the optometrist reasonably and in good faith believes is an attempt by a registered dispensing optician, or an employee or agent thereof, to interfere with the optometrist’s independent clinical judgment or compliance with prevailing clinical standards. The bill would require the State Board of Optometry to report these complaints to the Division of Licensing of the Medical Board of California.

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(7) The bill also would require the State Board of Optometry to receive any complaint made to a state board or department related to care provided to a patient by a licensed optometrist.

end insert begin insert

(8) A violation of the optometry laws and the law governing registered dispensing opticians is a crime. Therefore, by expanding the scope of an existing crime, this bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Existing law provides for the issuance of a certificate of dispensing optician upon registration. Existing law permits a certificate to be suspended, revoked, or subjected to probation for violations of regulations or laws, as specified, or for incompetence, gross negligence, or repeated similar negligent acts by the registrant or an employee, as provided.

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This bill additionally would permit a certificate to be suspended, revoked, or subjected to probation for unprofessional conduct, as defined. This bill also would permit a certificate to be suspended, revoked, or subjected to probation for actions by the registrant’s agent.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 655 of the end insert begin insert Business and Professions Code end insert
begin insert is repealed. end insert

begin delete

655.  

(a) No person licensed under Chapter 7 (commencing
with Section 3000) of this division may have any membership,
proprietary interest, coownership, landlord-tenant relationship, or
any profit-sharing arrangement in any form, directly or indirectly,
with any person licensed under Chapter 5.5 (commencing with
Section 2550) of this division.

(b) No person licensed under Chapter 5.5 (commencing with
Section 2550) of this division may have any membership,
proprietary interest, coownership, landlord-tenant relationship, or
any profit sharing arrangement in any form directly or indirectly
with any person licensed under Chapter 7 (commencing with
Section 3000) of this division.

(c) No person licensed under Chapter 7 (commencing with
Section 3000) of this division may have any membership,
proprietary interest, coownership, landlord-tenant relationship, or
any profit-sharing arrangement in any form, directly or indirectly,
either by stock ownership, interlocking directors, trusteeship,
mortgage, trust deed, or otherwise with any person who is engaged
in the manufacture, sale, or distribution to physicians and surgeons,
optometrists, or dispensing opticians of lenses, frames, optical
supplies, optometric appliances or devices or kindred products.

Any violation of this section constitutes a misdemeanor as to
such person licensed under Chapter 7 (commencing with Section
3000) of this division and as to any and all persons, whether or
not so licensed under this division, who participate with such
licensed person in a violation of any provision of this section.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 655 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 655. end insert   

(a) A person registered under Chapter 5.5 (commencing
with Section 2550), (registered dispensing optician), a person who
is engaged in the manufacture, sale or distribution to physicians
and surgeons, optometrists, or dispensing opticians of lenses,
frames, optical supplies, optometric appliances or devices or
kindred products that is renting or leasing office space, directly
or through an intermediary, to or from or otherwise using or
sharing office space with, or receiving space from, any person
licensed under Chapter 7 (commencing with Section 3000),
(optometrist), shall not engage in conduct that would influence or
interfere with the clinical decisions of that optometrist including,
but not limited to, the following:

(1) Setting quotas for the number of exams or limiting the
amount of time that an optometrist can spend with an individual
patient.

(2) Holding an optometrist responsible for the sale of, or
requiring that person to sell, the eyewear of a registered dispensing
optician.

(3) Providing compensation to an optometrist for the sale of
the eyewear of a registered dispensing optician.

(b) The optometrist’s clinical decisions means the judgment
necessary to perform or control any acts as set forth in Section
3041.

(c) An optometrist that is renting or leasing space to or from
or otherwise using or sharing office space with any registered
dispensing optician shall not give or receive a fee, salary,
commission, or thing of material value, in any manner or under
any pretext, to or from any person, firm, or corporation for either
of the following:

(1) In return for the referral of optometric patients.

(2) In order to secure optometric patients.

(d) In connection with the transactions described in (a), all of
the following shall be met:

(1) Registered dispensing opticians shall ensure signs and
displays concerning the optometrist’s office shall have the name
of the doctor or doctors of optometry and the nature of the
relationship between the registered dispensing optician and the
optometrist.

(2) The optometrist’s office shall have a separate telephone
listing and number from that of the registered dispensing optician,
but may be accessible from a general number that the public
associates with the premises.

(3) Registered dispensing opticians shall not:

(A) Constrain the optometrist in scheduling patients, the fees
charged for optometric services, the amount of time spent with a
patient, or the number of patients to be seen in a particular time
period. The optometrist may contract to provide or arrange for
the provision of optometric services during agreed-upon hours
and days.

(B) Limit the optometrist’s participation in managed care or
insurance plans.

(C) Have an interest in the optometrist’s patient records, to
which the optometrist shall have 24-hour access, including physical
access or electronic access.

(D) Advertise that it performs eye examinations or other
optometric services that it is not permitted to lawfully perform
under state law.

(4) The parties shall execute a written agreement, with
commercially reasonable terms, providing that rent payments are
not affected by either party’s referral of any person or sales of
product by either party, and a term of at least one year, terminable
only for cause as defined under the agreement or at the expiration
of the agreement on at least 60 days’ written notice.

(5) Optometric office space inside an optical dispensary shall
be definite and distinct from space occupied by other occupants
of the premises and shall include at least one private room for the
exclusive use of providing optometric services to patients by the
optometrist.

(6) Forms used by the optometric office shall be separate from
those of the registered dispensing optician.

(7) The optometrist shall be free to practice to the full scope of
his or her license under law, and shall control the hiring, staffing,
training, and office and employment policies of the individuals
employed or engaged to assist the optometrist in the management
and administrative aspects of his or her practice and in patient
care. The optometrist may contract for the provision of technician
and administrative services. Nothing herein shall limit the right
of the optometrist and the registered dispensing optician to agree
to restrict the optometrist from offering or selling spectacles,
lenses, frames, contact lenses or other optical goods to the
optometrist’s patients or to the public in the occupied space during
the term of the written agreement.

(8) The optometrist shall be responsible for and shall maintain
full and independent control of information disseminated to the
public through any advertising or other commercial medium when
that information relates to optometric services being provided by
the optometrist, whether or not that advertising is paid for or
sponsored by the optometrist. It is not a violation of this section
to include in an advertisement that is not disseminated by the
optometrist a statement advertising the availability of optometric
services, including eye examinations, by an independent doctor of
optometry located adjacent to or in proximity to a registered
dispensing optician or a statement containing substantially similar
language.

(e) A violation of this section is punishable as a misdemeanor.

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begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 2555 of the end insert begin insert Business and Professions Code end insert begin insert is
repealed. end insert

begin delete

2555.  

Certificates issued hereunder may in the discretion of
the division be suspended or revoked or subjected to terms and
conditions of probation for violating or attempting to violate this
chapter, Chapter 5.4 (commencing with Section 2540) or any
regulation adopted under this chapter or, Chapter 5.4 (commencing
with Section 2540), or Section 651, 654, or 655, or for
incompetence, gross negligence, or repeated similar negligent acts
performed by the registrant or by an employee of the registrant.
The proceedings shall be conducted in accordance with Chapter
5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code, and the division shall have all
the powers granted therein.

end delete

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 2555 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 2555. end insert   

(a) Certificates issued hereunder may in the discretion
of the division be suspended or revoked or subjected to terms and
conditions of probation for violating or attempting to violate this
chapter, Chapter 5.4 (commencing with Section 2540), any
regulation adopted under this chapter or Chapter 5.4 (commencing
with Section 2540), or Section 651, 654, or 655, or for
incompetence, gross negligence, unprofessional conduct or
repeated negligent acts performed by the registrant or by an
employee of the registrant. Unprofessional conduct includes, but
is not limited to, repeated interference with the independent clinical
judgment of an optometrist or the optometrist’s compliance with
prevailing clinical standards for the practice of optometry and
when the registered dispensing optician knows or has reason to
know that the repeated interference is impairing the optometrist’s
ability to provide appropriate health care to his or her patients.
Nothing herein shall limit the ability of the optometrist to file a
complaint about the registered dispensing optician’s interference
directly with any state regulatory agency with authority to oversee
the practice of optometry or of registered dispensing opticians.
The proceedings shall be conducted in accordance with Chapter
5 (commencing with Section 11500) of Part 1 of Division 3 of Title
2 of the Government Code, and the division shall have all the
powers granted therein.

(b) If the division determines during a proceeding conducted
in accordance with subdivision (a) that a registered dispensing
optician has violated Section 655, the division may assess an
administrative fine of up to five thousand dollars ($5,000) for the
first violation and up to twenty-five thousand dollars ($25,000)
for any subsequent violation that occurs within three years after
the division’s finding of a first violation. If a registered dispensing
optician’s second violation of Section 655 occurs after three years
of its first violation, then the division shall assess a fine of up to
five thousand dollars ($5,000). This section is not to be construed
to limit the division’s existing authority to enforce the provisions
of subdivision (a) or any other law.

(c) Registered dispensing opticians shall comply with all
requests for information by the division within 30 days after the
request. Failure to provide to the division, as directed, lawfully
requested copies of documents relating to a complaint or alleged
violation of the law shall constitute unprofessional conduct on the
part of the registered dispensing optician, unless the registered
dispensing optician is unable to provide the documents within the
time period for good cause, including, but not limited to, inability
to access the documents in the time allowed.

(d) Failure to cooperate and participate in any division
investigation pending against a registered dispensing optician
relating to a complaint or alleged violation of the law shall also
constitute unprofessional conduct by the registered dispensing
optician. This subdivision shall not be construed to deprive a
registered dispensing optician of any privilege guaranteed by the
Constitution of the United States or any other constitutional or
statutory privileges. The registered dispensing optician’s assertion
of any applicable constitutional, statutory, or other privilege,
including, but not limited to, attorney-client privilege or attorney
work product privilege, is not a violation of this section.

(e) If the registered dispensing optician disputes a determination
by the division regarding a complaint or violation of the law, the
registered dispensing optician may appeal the division’s decision
to an independent administrative law judge pursuant to Chapter
5 (commencing with Section 1100) of Part 1 of Division 3 of Title
2 of the Government Code. Penalties, if any, shall be paid when
all appeals have been exhausted and the division’s decision has
been upheld. In the event that the division’s position has been
upheld, after all appeals have been exhausted the registered
dispensing optician shall be responsible for payment of all costs
associated with the prosecution of the matter.

(f) A registered dispensing optician shall not discharge,
terminate, suspend, threaten, harass, or retaliate or discriminate
against an optometrist because that optometrist files a complaint
as set forth in Section 3109.1 or any other complaint against a
registered dispensing optician, or for lawful acts done by an
optometrist in disclosing information relating to any complaint
against a registered dispensing optician. When an optometrist files
a complaint against a registered dispensing optician, the
optometrist shall have all of the protections provided in Section
1102.5 of the Labor Code.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 2556 of the end insert begin insert Business and Professions Code end insert begin insert is
repealed. end insert

begin delete

2556.  

It is unlawful to do any of the following: to advertise the
furnishing of, or to furnish, the services of a refractionist, an
optometrist, or a physician and surgeon; to directly or indirectly
employ or maintain on or near the premises used for optical
dispensing, a refractionist, an optometrist, a physician and surgeon,
or a practitioner of any other profession for the purpose of any
examination or treatment of the eyes; or to duplicate or change
lenses without a prescription or order from a person duly licensed
to issue the same.

end delete

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 3077 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

3077.  

begin delete As end delete begin insert (a) end insert begin insert   end insert begin insert As end insert used in this section, “office” means any office
or other place for the practice of optometry.

begin delete

(a) No

end delete

begin insert (b) end insert begin insert   end insert begin insert A end insert person, singly or in combination with others, may begin delete have end delete
begin insert not have any proprietary interest in end insert an office unless he or she is
licensed to practice optometry under this chapter.

begin delete

(b)

end delete

begin insert (c) end insert  An optometrist, or two or more optometrists jointly, may
have one office without obtaining a branch office license from the
board.

begin delete

(c) On and after October 1, 1959, no

end delete

begin insert (d) end insert begin insert   end insert begin insert An end insert optometrist, begin delete and no end delete begin insert or end insert two or more optometrists jointly,
may begin insert not end insert have more than one office unless he or she or they comply
with the provisions of this chapter as to begin delete an additional office. The
additional office, for the purposes of this chapter, end delete begin insert additional offices.
An additional office that is not the optometrist’s principal place
of practice, as described by Section 3070, end insert constitutes a branch
begin delete office. end delete begin insert office for purposes of this chapter. end insert

begin delete

(d) Any optometrist who has, or any two or more optometrists,
jointly, who have, a branch office prior to January 1, 1957, and
who desire to continue the branch office on or after that date shall
notify the board in writing of that desire in a manner prescribed
by the board.

end delete

(e)  begin delete On and after January 1, 1957, any optometrist, or any two
or more optometrists, jointly, who desire end delete begin insert Any optometrist who
desires end insert to open a branch office begin insert that is not his or her principal place
of business end insert shall notify the board in writing in a manner prescribed
by the board.

(f)  begin delete On and after January 1, 1957, no end delete begin insert A end insert branch office may begin insert not end insert
be opened or operated without a branch office license. Branch
office licenses shall be valid for the calendar year in or for which
they are issued and shall be renewable on January 1 of each year
thereafter. Branch office licenses shall be issued or renewed only
upon the payment of the fee therefor prescribed by this chapter.

begin delete

On or after October 1, 1959, no more than one branch office
license shall be issued to any optometrist or to any two or more
optometrists, jointly.

end delete

(g) Any failure to comply with the provisions of this chapter
relating to branch offices or branch office licenses as to any branch
office shall work the suspension of the optometrist license of each
optometrist who, individually or with others, has a branch office.
An optometrist license so suspended shall not be restored except
upon compliance with those provisions and the payment of the fee
prescribed by this chapter for restoration of a license after
suspension for failure to comply with the provisions of this chapter
relating to branch offices.

(h) The holder or holders of a branch office license shall pay
the begin delete annual end delete begin insert biennial end insert renewal fee therefor in the amount required
by this chapter between the first day of January and the first day
of February of each begin delete year. end delete begin insert renewal period. end insert The failure to pay the
fee in advance on or before February 1 of each year during the
time it is in force shall ipso facto work the suspension of the branch
office license. The license shall not be restored except upon written
application and the payment of the penalty prescribed by this
chapter, and, in addition, all delinquent branch office fees.

begin delete

(i) Nothing in this chapter shall limit or authorize the board to
limit the number of branch offices that are in operation on October
1, 1959, and that conform to this chapter, nor prevent an
optometrist from acquiring any branch office or offices of his or
her parent. The sale after October 1, 1959, of any branch office
shall terminate the privilege of operating the branch office, and
no new branch office license shall be issued in place of the license
issued for the branch office, unless the branch office is the only
one operated by the optometrist or by two or more optometrists
jointly.

Nothing in this chapter shall prevent an optometrist from owning,
maintaining, or operating more than one branch office if he or she
is in personal attendance at each of his or her offices 50 percent
of the time during which the office is open for the practice of
optometry.

end delete begin delete

(j)

end delete

begin insert (i) end insert  The board shall have the power to adopt, amend, and repeal
rules and regulations to carry out the provisions of this section.

begin delete

(k) Notwithstanding any other provision of this section, neither
an optometrist nor an individual practice association shall be
deemed to have an additional office solely by reason of the
optometrist’s participation in an individual practice association or
the individual practice association’s creation or operation. As used
in this subdivision, the term “individual practice association” means
an entity that meets all of the following requirements:

(1) Complies with the definition of an optometric corporation
in Section 3160.

(2) Operates primarily for the purpose of securing contracts
with health care service plans or other third-party payers that make
available eye/vision services to enrollees or subscribers through a
panel of optometrists.

(3) Contracts with optometrists to serve on the panel of
optometrists, but does not obtain an ownership interest in, or
otherwise exercise control over, the respective optometric practices
of those optometrists on the panel.

Nothing in this subdivision shall be construed to exempt an
optometrist who is a member of an individual practice association
and who practices optometry in more than one physical location,
from the requirement of obtaining a branch office license for each
of those locations, as required by this section. However, an
optometrist shall not be required to obtain a branch office license
solely as a result of his or her participation in an individual practice
association in which the members of the individual practice
association practice optometry in a number of different locations,
and each optometrist is listed as a member of that individual
practice association.

end delete

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 3090.1 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 3090.1. end insert   

The State Board of Optometry shall receive any
complaint made to a state board or department related to care
provided to a patient by a licensed optometrist under Chapter 7
(commencing with Section 3000).

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 3109.1 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 3109.1. end insert   

(a) An optometrist shall report to the board any action
or circumstance that the optometrist reasonably and in good faith
believes constitutes a continued and unresolved attempt to interfere
with his or her independent clinical judgment or compliance with
prevailing clinical standards for the practice of optometry by a
registered dispensing optician or any employee or agent of the
registered dispensing optician that violates Section 655.

(b) The board shall report the complaint to the Division of
Licensing of the Medical Board of California, and the division
shall investigate the complaint pursuant to Section 2555.

(c) A registered dispensing optician shall not discharge,
terminate, suspend, threaten, harass, or in any other manner
retaliate or discriminate against an optometrist that files a good
faith complaint pursuant to this section or any other law, or for
lawful acts done by an optometrist in disclosing information
relating to any complaint against a registered dispensing optician.
When an optometrist files a good faith complaint against a
registered dispensing optician, the optometrist shall have all of
the protections provided in Section 1102.5 of the Labor Code.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end insert

begin delete

SECTION 1.  

Section 2555 of the Business and Professions
Code is amended to read:

2555.  

Certificates issued hereunder may in the discretion of
the division be suspended or revoked or subjected to terms and
conditions of probation for violating or attempting to violate this
chapter, Chapter 5.4 (commencing with Section 2540) or any
regulation adopted under this chapter or, Chapter 5.4 (commencing
with Section 2540), or Section 651, 654, or 655, or for
incompetence, gross negligence, unprofessional conduct, or
repeated negligent acts performed by the registrant or by an
employee or agent of the registrant. Unprofessional conduct
includes, but is not limited to, repeated interference with the
independent clinical judgment of an optometrist or with compliance
by an optometrist with prevailing clinical standards for the practice
of optometry. The proceedings shall be conducted in accordance
with Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code, and the division
shall have all the powers granted therein.

end delete